State Of Rajasthan & Ors vs Narendra Kumar

Defects pointed out by the Registry are overruled.

The State appealed the decision of the learned Single Judge, who directed the conduct of a separate Physical Standard Test/Physical Efficiency Test (PST/PET) for the respondent (hereafter referred to as "the petitioner").

The brief facts of the case are that the petitioner was a candidate for the post of Police Constable (General) in the Scheduled Caste category. He was declared successful in the written test and in terms of the stipulation, required to download the admit card from the official website. The PST/PET in this case was notified for and held on 10.09.2018. The petitioner, however, did not participate in it. Claiming that he became aware about it much later some time on 14.11.2018, he addressed a representation to the State on 15.11.2018 and approached the Court. By virtue of an interim order the State carried out afresh PET in which the petitioner was declared successful. After considering the submissions of the parties with respect to the petitioner's complaint of arbitrariness in regard to absence of intimation (which allegedly preventing him from participating in the PST/PET in the first instance), the learned Single Judge held that the petitioner's candidature ought to be processed further.

The State's appeal is premised on several arguments; that all candidates were made well aware in advance that the admit cards and the date(s) on which the PST/PET was to be held, would be intimated on the official website. It relies upon notifications published in the newspaper as well as the intimations, which the candidates were given at the time of their participation in the selection process. It is specifically pointed out that several candidates from the same area (Phalodi) had participated. In this regard it is submitted that 551 candidates had participated in the PST/PET held on 10.09.2018 which the petitioner missed.

Learned counsel relied upon the Division Bench ruling of this Court in State of Rajasthan & Ors. vs. Revant Ram & Ors. (D.B. Special Appeal (Writ) No.124/2019, decided on 31.07.2019) in support of the contention that regardless of the directions and participation of the concerned candidates, the Court ought not to have intervened and granted a relief, because like the present petitioner several others might also complain that they were not given individual notice. It is submitted that individual notice was never a condition precedent for participation and the candidates were always informed that their status and even admit cards to be downloaded from the official website.

Learned counsel for the writ petitioner urged that this Court ought not to intervene with the impugned order which he submitted, is well reasoned. It is argued that the petitioner was kept in dark and not aware or made aware about the declaration of his result and of the fact that he could have downloaded the results.

We notice that the learned Single Judge had observed that the petitioner had simply indicated that being resident of remote village he was not aware of uploading of the admit card and could not participate in the PST/PET. It was even observed that "the petitioner has not contested the action of the respondents in any manner whatsoever and has simply sought indulgence from the Court looking to the fact that posts are still lying vacant in the petitioner's category i.e. Scheduled Caste." It is quite clear therefore from the impugned order itself that there was no sufficient material to warrant relief. Nevertheless, based upon the results of PST/PET specially called for in which the petitioner was allowed to participate (by virtue of an interim order, a participation which was denied to several others who had not participated in the PST/PET held on different dates due to their own omissions), the learned Single Judge granted the relief.

The State in the entire recruitment process had clearly indicated through various notices to the candidates that the results as well as admit cards for the PST/PET would be available on their official website. This was also indicated even in the advertisement. Furthermore, the State had placed on record the copies of the newspaper advertisements stating that PST/PET would be held on 10.09.2018.

In these circumstances, the Court is of the opinion that the petitioner was not entitled to any relief. That he was afforded a chance in an interim order, in the opinion of this Court, could not have created in any equities - certainly not of the kind that was taken into account by the learned Single Judge, who was largely influenced by the number of vacancies in the category of Scheduled Caste.

For the above reasons, we are of the opinion that the impugned order cannot be sustained; it is hereby set aside. The writ petition is accordingly dismissed. The State's appeal is allowed in the above terms. All pending applications too are disposed of.